Citation Nr: 0802866
Decision Date: 01/25/08 Archive Date: 02/04/08
DOCKET NO. 06-38 534 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee
THE ISSUES
1. Entitlement to a disability rating in excess of 30
percent for post-traumatic stress disorder (PTSD).
2. Entitlement to service connection for fatigue, to include
as due to an undiagnosed illness.
3. Entitlement to service connection for joint pain, to
include as due to an undiagnosed illness.
4. Entitlement to service connection for muscle pain, to
include as due to an undiagnosed illness.
5. Entitlement to service connection for psychiatric
disorder, to include depression and dysthymia, to include as
due to an undiagnosed illness.
6. Entitlement to service connection for headaches, to
include as due to an undiagnosed illness.
7. Entitlement to service connection for a sleep disorder,
to include as due to an undiagnosed illness.
8. Entitlement to service connection for memory loss, to
include as due to an undiagnosed illness.
9. Entitlement to service connection for hair loss, to
include as due to an undiagnosed illness.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
ATTORNEY FOR THE BOARD
D. Havelka, Counsel
INTRODUCTION
The veteran's active military service extended from April
1971 to July 1975 and from September 1990 to June 1991.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from October 2005 and March 2007 rating
decisions by the Department of Veterans Affairs (VA) Regional
Office (RO) in Nashville, Tennessee.
FINDING OF FACT
In a written statement dated January 2008, the veteran
requested withdrawal of all issues on appeal.
CONCLUSION OF LAW
The criteria for withdrawal of the Substantive Appeals for
the issue of an evaluation in excess of 30 percent for PTSD
and the issues of entitlement to service connection for:
fatigue, joint pain, muscle pain, a psychiatric disorder to
include depression, headaches, a sleep disorder, memory loss,
and hair loss, by the appellant have been met. 38 U.S.C.A.
§ 7105(b)(2), (d)(5) (West 2002); 38 C.F.R. §§ 20.202, 20.204
(2007).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed. A Substantive Appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. § 20.202 (2007). Withdrawal may be
made by the appellant or by his or her authorized
representative. 38 C.F.R. § 20.204 (2007).
In a written statement dated January 2008, the veteran
specifically requested to withdraw all issues on appeal.
Hence, with respect to these issues there remains no
allegations of errors of fact or law for appellate
consideration with respect to these issues. Accordingly, the
Board does not have jurisdiction to review these appeals and
those appeals are dismissed.
ORDER
The appeal for an evaluation in excess of 30 percent for PTSD
and the appeals for service connection for: fatigue, joint
pain, muscle pain, a psychiatric disorder to include
depression, headaches, a sleep disorder, memory loss, and
hair loss are dismissed.
______________________________________________
S. S. TOTH
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs